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| Marijuana Laws in Virginia | |||
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| POSSESSION | |||
| Any amount (first offense) | misdemeanor | 30 days | $500 |
| Any amount (subsequent offense) | misdemeanor | 1 year | $2,500 |
| CULTIVATION | |||
| Any amount | felony | 5 - 30 years | $10,000 |
| SALE | |||
| 1/2 oz or less | misdemeanor | 1 year | $2,500 |
| 1/2 oz to 5 lbs | felony | 1 - 10 years | $2,500 |
| 5 lbs to 100 kg | felony | 5 - 30 years | $2,500 |
| More than 100 kg | felony | 20 years MMS* | $1,000,000 |
| To a minor | felony | 10 - 50 years | $100,000 |
| Within 1,000 feet of a school or other specified areas | felony | 1 - 5 years | $100,000 |
| Transport 5 lbs or more into state with intent to sell | felony | 3 years MMS* - 40 years | $1,000,000 |
| MISCELLANEOUS | |||
| Paraphernalia sale | misdemeanor | 1 year | $2,500 |
| Paraphernalia sale to a minor | felony | 1 - 5 years | $2,500 |
| Probation with deferred proceedings is possible for first offenders. Any marijuana conviction results in the suspension of ones drivers license for a period of six months. |
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| DETAILS | |||
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Possession of marijuana is punishable by up to 30 days in jail and a fine up to $500 for the first offense and up to one year in jail and a fine up to $2,500 for subsequent offenses. Cultivation of marijuana is punishable by 5 - 30 years in prison and a fine up to $10,000. A conviction for manufacturing marijuana must include proof that the marijuana was being grown for a purpose other than the grower’s personal use. The delivery or sale of one-half ounce of marijuana or less is punishable by up to one year in jail and a fine up to $2,500. For greater than one-half ounce, the penalties increase to a possible 1 - 10 years in prison and a fine up to $2,500. Sale or delivery of greater than five pounds carries a penalty of 5 - 30 years in prison. Any amount of 100 kilograms or greater is punishable by a mandatory minimum sentence of twenty years in prison with a possible maximum of life in prison and a fine of up to $1,000,000. Any sale to a minor carries a penalty of 10 - 50 years in prison and a fine of up to $100,000. Any sale within 1,000 feet of a school, school bus, school bus stop, recreation center, public library or state hospital is punishable by 1 - 5 years in prison and a fine up to $100,000. Transporting five pounds or more into the state with the intent to sell carries a sentence of 5 - 40 years in prison, with a three-year mandatory minimum sentence, and a fine of up to $1,000,000. Probation with deferred proceedings is possible for first offenders in some instances. The sale of paraphernalia is punishable by up to one year in jail and a fine up to $2,500, unless the sale was to a minor, in which case the penalty increases to 1 - 5 years in prison and a fine up to $2,500. |
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Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge. Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole. Hemp: This state has an active hemp industry. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section. Drugged driving: This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific threshold. For more information, see NORML's Drugged Driving (DUID) report. |
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